23318 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices 

26 In approving this proposed rule change, the 

Commission has considered the proposed rule’s 

impact on efficiency, competition and capital 

formation. See 15 U.S.C. 78c(f). 

27 17 CFR 200.30–3(a)(12). 

general, to protect investors and the 

public interest.26

The proposed rule change is intended 

to address the cessation of the PORTAL 

market and clarify the scope of the ORF 

Rules, as well as make conforming 

changes to other FINRA Rules. The 

Commission believes that the proposed 

rule change is reasonably designed to 

ensure that FINRA will continue to 

receive important transaction 

information with respect to securities 

that are traded over-the-counter. In 

addition, the Commission believes that 

the amended definition ‘‘OTC Equity 

Security,’’ the standardization of that 

definition throughout FINRA rules and 

FINRA’s other proposed changes will 

close gaps and add clarity with respect 

to the application of specified FINRA 

rules to certain securities. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act, that the 

proposed rule change (SR–FINRA– 

2010–003), as modified by Amendment 

Nos. 1 and 2, be, and it hereby is, 

approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.27

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–10252 Filed 4–30–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 6983] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘John 

Baldessari: Pure Beauty’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition ‘‘John 

Baldessari: Pure Beauty,’’ imported from 

abroad for temporary exhibition within 

the United States, are of cultural 

significance. The objects are imported 

pursuant to loan agreements with the 

foreign owners or custodians. I also 

determine that the exhibition or display 

of the exhibit objects at the Los Angeles 

County Museum of Art, Los Angeles, 

CA, from on or about June 27 2010, until 

on or about September 12, 2010; at the 

Metropolitan Museum of Art, New York, 

NY, from on or about October 18, 2010, 

until on or about January 9, 2011, and 

at possible additional exhibitions or 

venues yet to be determined, is in the 

national interest. Public Notice of these 

Determinations is ordered to be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Carol B. 

Epstein, Attorney-Adviser, Office of the 

Legal Adviser, U.S. Department of State 

(telephone: 202–632–6473). The address 

is U.S. Department of State, SA–5, L/PD, 

Fifth Floor, Washington, DC 20522– 

0505. 

Dated: April 27, 2010. 

Maura M. Pally, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 2010–10255 Filed 4–30–10; 8:45 am] 

BILLING CODE 4710–05–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. WTO/DS403] 

WTO Dispute Settlement Proceeding 

Regarding Philippines—Taxes on 

Distilled Spirits 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice; request for comments. 

SUMMARY: The Office of the United 

States Trade Representative (‘‘USTR’’) is 

providing notice that on March 29, 

2010, the United States requested 

establishment of a dispute settlement 

panel under the Marrakesh Agreement 

Establishing the World Trade 

Organization (‘‘WTO Agreement’’) with 

respect to the taxation of imported 

distilled spirits in the Philippines. That 

request may be found at http:// 

www.wto.org in a document designated 

as WT/DS403/4. The panel was 

established by the World Trade 

Organization (‘‘WTO’’) Dispute 

Settlement Body on April 20, 2010. 

USTR invites written comments from 

the public concerning the issues raised 

in this dispute. 

DATES: Although USTR will accept any 

comments received during the course of 

the dispute settlement proceedings, 

comments should be submitted on or 

before June 2, 2010 to be assured of 

timely consideration by USTR. 

ADDRESSES: Public comments should be 

submitted electronically to http:// 

www.regulations.gov, docket number 

USTR–2010–0005. If you are unable to 

provide submissions by http:// 

www.regulations.gov, please contact 

Sandy McKinzy at (202) 395–9483 to 

arrange for an alternative method of 

transmission. If (as explained below) the 

comment contains confidential 

information, then the comment should 

be submitted by fax only to Sandy 

McKinzy at (202) 395–3640. 

FOR FURTHER INFORMATION CONTACT: 

Courtney E. Smothers, Associate 

General Counsel, Office of the United 

States Trade Representative, 600 17th 

Street, NW., Washington, DC 20508, 

(202) 395–5657. 

SUPPLEMENTARY INFORMATION: Section 

127(b) of the Uruguay Round 

Agreements Act (URAA) (19 U.S.C. 

2527(b)(1)) requires that notice and 

opportunity for comment be provided 

after the United States submits or 

receives a request for establishment of a 

WTO dispute settlement panel. 

Consistent with this obligation, USTR is 

providing notice that it requested a 

panel and the panel has been 

established pursuant to the WTO 

Understanding on Rules and Procedures 

Governing the Settlement of Disputes 

(‘‘DSU’’). The panel will hold its 

meetings in Geneva, Switzerland, and 

would be expected to issue a report on 

its findings and recommendations 

within nine months after it is 

established. 

Major Issues Raised by the United 

States 

The United States has raised concerns 

with the Philippines over taxation of 

distilled spirits many times over the 

past several years, both bilaterally and 

in WTO forums. On January 14, 2010, 

the United States requested 

consultations regarding this issue. The 

Philippines taxes distilled spirits at 

rates that differ depending on the 

product from which the spirit is 

distilled. The Philippines taxes distilled 

spirits made from certain materials that 

are typically produced in the 

Philippines, such as cane sugar and 

palm, at a low rate (e.g. 13.59 pesos per 

proof liter in 2009). Other distilled 

spirits are taxed at significantly higher 

rates (from approximately ten to forty 

times higher) than the low rate applied 

to domestic products. The Philippines’ 

taxes on distilled spirits appear not to 

tax similarly imported distilled spirits 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices 23319 

as compared to directly competitive or 

substitutable domestic distilled spirits. 

The taxes appear to be applied in a way 

that affords protection to the domestic 

products. In addition, the taxes appear 

to subject imported distilled spirits to 

internal taxes in excess of those applied 

to like domestic products. Accordingly, 

the tax treatment of distilled spirits in 

the Philippines appears to be 

inconsistent with Article III:2 of the 

GATT 1994. 

On January 14, 2010, the United 

States requested consultations with the 

Philippines. That request may be found 

at http://www.wto.org contained in a 

document designated as WT/DS403/1. 

Consultations were held in Geneva on 

February 23, 2010, but did not resolve 

the concerns with respect to the 

Philippine taxes. 

Public Comment: Requirements for 

Submissions 

Interested persons are invited to 

submit written comments concerning 

the issues raised in this dispute. Persons 

may submit public comments 

electronically to http:// 

www.regulations.gov docket number 

USTR–2010–0005. If you are unable to 

provide submissions by http:// 

www.regulations.gov, please contact 

Sandy McKinzy at (202) 395–9483 to 

arrange for an alternative method of 

transmission. 

To submit comments via http:// 

www.regulations.gov, enter docket 

number USTR–2009–0035 on the home 

page and click ‘‘search’’. The site will 

provide a search-results page listing all 

documents associated with this docket. 

Find a reference to this notice by 

selecting ‘‘Notice’’ under ‘‘Document 

Type’’ on the left side of the searchresults page, and click on the link 

entitled ‘‘Submit a Comment.’’ (For 

further information on using the 

http://www.regulations.gov Web site, 

please consult the resources provided 

on the Web site by clicking on ‘‘How to 

Use This Site’’ on the left side of the 

home page.) 

The http://www.regulations.gov site 

provides the option of providing 

comments by filling in a ‘‘Type 

Comment and Upload File’’ field, or by 

attaching a document. It is expected that 

most comments will be provided in an 

attached document. If a document is 

attached, it is sufficient to type ‘‘See 

attached’’ in the ‘‘Type Comment and 

Upload File’’ field. 

A person requesting that information 

contained in a comment submitted by 

that person be treated as confidential 

business information must certify that 

such information is business 

confidential and would not customarily 

be released to the public by the 

submitter. Confidential business 

information must be clearly designated 

as such and the submission must be 

marked ‘‘BUSINESS CONFIDENTIAL’’ at 

the top and bottom of the cover page 

and each succeeding page. Any 

comment containing business 

confidential information must be 

submitted by fax to Sandy McKinzy at 

(202) 395–3640. A non-confidential 

summary of the confidential 

information must be submitted to 

http://www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

Information or advice contained in a 

comment submitted, other than business 

confidential information, may be 

determined by USTR to be confidential 

in accordance with section 135(g)(2) of 

the Trade Act of 1974 (19 U.S.C. 

2155(g)(2)). If the submitter believes that 

information or advice may qualify as 

such, the submitter— 

(1) Must clearly so designate the 

information or advice; 

(2) Must clearly mark the material as 

‘‘SUBMITTED IN CONFIDENCE’’ at the 

top and bottom of the cover page and 

each succeeding page; and 

(3) Must provide a non-confidential 

summary of the information or advice. 

Any comment containing confidential 

information must be submitted by fax. A 

non-confidential summary of the 

confidential information must be 

submitted to http:// 

www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

USTR will maintain a docket on this 

dispute settlement proceeding 

accessible to the public. The public file 

will include non-confidential comments 

received by USTR from the public with 

respect to the dispute. If a dispute 

settlement panel is convened or in the 

event of an appeal from such a panel, 

the U.S. submissions, any nonconfidential submissions, or nonconfidential summaries of submissions, 

received from other participants in the 

dispute, will be made available to the 

public on USTR’s Web site at http:// 

www.ustr.gov, and the report of the 

panel, and, if applicable, the report of 

the Appellate Body, will be available on 

the Web site of the World Trade 

Organization, http://www.wto.org. 

Comments will be placed in the 

docket and open to public inspection 

pursuant to 15 CFR 2006.13, except 

confidential business information 

exempt from public inspection in 

accordance with 15 CFR 2006.15 or 

information determined by USTR to be 

confidential in accordance with 19 

U.S.C. 2155(g)(2). Comments open to 

public inspection may be viewed on the 

http://www.regulations.gov Web site. 

Steven F. Fabry, 

Assistant United States Trade Representative 

for Monitoring and Enforcement. 

[FR Doc. 2010–10179 Filed 4–30–10; 8:45 am] 

BILLING CODE 3190–W0–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary of 

Transportation 

Notice of Funding Availability for the 

Small Business Transportation 

Resource Center Program 

AGENCY: Office of the Secretary of 

Transportation (OST), Office of Small 

and Disadvantaged Business Utilization 

(OSDBU), Department of Transportation 

(DOT). 

ACTION: Notice of Funding Availability. 

SUMMARY: The Department of 

Transportation (DOT), Office of the 

Secretary (OST), Office of Small and 

Disadvantaged Business Utilization 

(OSDBU) announces the opportunity 

for; (1) Business centered communitybased organizations; (2) transportationrelated trade associations; (3) colleges 

and universities; (4) community colleges 

or; (5) chambers of commerce, registered 

with the Internal Revenue Service as 

501 C(6) or 501 C(3) tax-exempt 

organizations, to compete for 

participation in OSDBU’s Small 

Business Transportation Resource 

Center (SBTRC) program in the Central 

Region, the Southeast Region, and the 

West Central Region. The Southwest, 

South Atlantic, and Mid-South Atlantic 

Regions have previously been competed 

in Fiscal Year 2010. The Great Lakes, 

Gulf, Mid Atlantic, Northeast, and 

Northwest Regions will be competed at 

a later date as their cooperative 

agreements expire. 

OSDBU will enter into Cooperative 

Agreements with these organizations to 

outreach to the small business 

community in their designated region 

and provide financial and technical 

assistance, business training programs, 

such as, business assessment, 

management training, counseling, 

technical assistance, marketing and 

outreach, and the dissemination of 

information, to encourage and assist 

small businesses to become better 

prepared to compete for, obtain, and 

manage DOT funded transportationrelated contracts and subcontracts at the 

Federal, State and local levels. 


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